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HomeMy WebLinkAbout10/06/1997 - City Council199 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 6, 1997 The City Council of the City of Costa. Mesa, California, met in regular session October 6, 1997, at 6:30 p.m., in the Council Chambers. of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by Mayor Pro Tem Monahan, followed by the Pledge of Allegiance to the Flag led by Webelos Pack No. 301, and invocation by Pastor Dan Steward, Calvary Church Newport -Mesa. ROLL CALL Council Members Present: Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers Council Members Absent: Mayor Peter Buffa Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Personnel Services Director Steve Hayman Transportation Services Manager Peter Naghavi Park Superintendent Dave Alkema Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council September 15, 1997 Member Cowan, and carried 4-0, Mayor Buffa absent, the minutes of the regular meeting of September 15, 1997, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Somers, and carried 4-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Mayor Pro Tem Monahan commended Kathy Karlheim on WATCH MEETINGS Wingate Bay, and Edie McGinnis on Iowa Street, for hosting the Neighborhood Watch meetings in September. ORAL COMMUNI- Charlene Kass, 188 The Masters Circle, Costa Mesa, CATIONS addressing the demolition work being conducted by J. Ray Bristol Street Demo- Construction Company at 1262 Southeast Bristol Street, lition Work reported that her contact with staff regarding municipal code violations and permit irregularities has proven unsatisfactory. She recounted several conversations with staff members, and asked if Council intended to correct these problems. Additional comments on the Bristol Street property were provided by the following Costa Mesa residents: William Tate, 196 The Masters Circle, complained that an 80 -foot wall has been built by J. Ray Construction which encroaches 8 inches onto his property, and the building being constructed is 14 to 200 15 feet tall; and Susan Gabriel, 197 The Masters Circle, expressed concern about the noise and dirt during construction and repercussions from the size of the building. The Deputy City Manager replied that staff met' with the homeowners and are aware of the problems. He indicated that J. Ray Construction is building that which was approved by the Planning Commission; addressed the grading level of the project; and reviewed the timing of the permits that were obtained. Franchising of Trash Dan Worthington, 1525 Mesa Verde Drive, No. 208, Director Collection of the Costa Mesa Sanitary District, referring to an article in the Daily Pilot, stated that there is $1 million available to the City by franchising commercial trash collection. He observed that this action would also lower the costs for businesses, and asked that Council take this action to reduce taxes for Costa Mesa citizens. The City Manager responded that a meeting between Council and the District would occur as soon as 100 Costa Mesa Commu- percent attendance from each group could be arranged. nity Quilting Fair Council Member Erickson explained that the $1 million would be derived from a new fee on City businesses, and, the Chamber of Commerce is opposed to the franchise tax. West 19t'' Street Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, Drainage Project complimented staff on the road improvements on West 19tH CALENDAR Street. He asked what projects were planned to improve the drainage system on that street, specifically at its intersection with Pomona, Placentia, Monrovia, and Whittier Avenues. The Public Services Director responded that staff has been working with a consultant to reach an interim solution, alternatives have been considered, and a viable solution reached. He indicated that the contract will be awarded in Spring, 1998. League of California John Feeney, 1154 Dorset Lane, Costa Mesa, was concerned Cities about the 25 resolutions, sponsored by special interest groups, 1 to' be presented to the League of California Cities at its upcoming meeting in San Francisco. He reported that upon approval by the League, the resolutions may be used to lobby the State Legislature and the Federal government, and requested that citizens be provided with a record of how the City votes. The City Manager replied that this is public information which will be provided to Council, Mr. Feeney, and members of the public. Costa Mesa Commu- Caroline Butler, 208 Susannah Place, Costa Mesa, extended nity Quilting Fair an invitation to the Costa Mesa Community Quilting Fair on Saturday, October 25, 1997, 10:00 a.m. to 3:00 p.m., on the grounds of City Hall. She reported that the event is sponsored by the Costa Mesa Human Relations Committee. CONSENT The following items were removed from the Consent Calendar: CALENDAR Item No. 7, Allocation of $1,200.00 for meals for the bimonthly meeting of the Advisory Committee of Teens; and Item No. 11, Notice of Intention to Appeal or Solicit for Charitable. Purpose from Teen Challenge of Southern California. 1 2®1 MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Item Nos. Member Somers, and carried 4-0, the remaining Consent 7 and 11 Calendar items were approved as recommended. WRITTEN COMMU- Resolution 97-84 was adopted: A RESOLUTION OF THE CITY NICATIONS/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 97-84 for AUTHORIZING RECORDS DESTRUCTION FOR THE CITY City Clerk's Records CLERK'S OFFICE OF THE CITY OF COSTA MESA, PURSUANT Destruction TO ORDINANCE NO. 75-60. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Gary J. Blogg; Michael Cunningham; Omar Delgadillo, a minor by and through his Guardian ad Litem, Dalila De La Cerde; Howard O. Kieffer; David C. Luther; Orange County Transit Authority (OCTA), Dave Transportation Services, Inc., and Abundio Martinez, Jr.; Thomas B. O'Keefe; Beatrice Ousley; Lesli Rose; S & P Company; and Steve Shimizu, on behalf of Pacific Crayfish Company. Alcoholic Beverage Alcoholic Beverage Control (ABC) Licenses: Control (ABC) Licenses Request from Mandarin Gourmet, 1500 Adams Avenue, Suite 500, for a person-to-person transfer of a Type 47 Alcoholic Beverage Control license (on -sale general for a bona fide eating place). Request from Mimi's Cafe, 1835 Newport Boulevard, Building F, for a person-to-person transfer of a Type 41 Alcoholic Beverage Control license (on -sale beer and wine for a bona fide eating place). SET FOR PUBLIC Resolution 97-85 was adopted: A RESOLUTION OF THE CITY HEARING/Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 97-85, DECLARING THE INTENTION TO ORDER THE VACATION OF Setting a Hearing on STREET AND ALLEY RIGHT-OF-WAY AT 2374 NEWPORT November 17, 1997, BOULEVARD, setting a public hearing on November 17, 1997, 2374 Newport at 6:30 p.m. WARRANTS The following warrants were approved: Approved Warrant 1659/Payroll 9718; Warrant Resolution 1659, funding City operating expenses Warrant 1660/Pay- for $352,739.35; and Payroll 9718 for $1,378,579.44. roll 9719; and Warrant 1661 Warrant Resolution 1660, funding City operating expenses for $453,850.60; and Payroll 9719 for $1,344,846.13. Warrant Resolution 1661, funding City operating expenses for $1,186,828.43. ADMINISTRATIVE Bids for Pavement Crack Seal, Project No. 97-15, are on file in ACTIONS/Awarded the City Clerk's office. The contact was awarded to RCSI, Project No. 97-15 2305 West 2"d Street, Santa Ana, for $40,000.00 (alternate to RCSI bid). 202 ,Approved Agree- An agreement with Southland Car Counters, 1411 North ment with Southland Batavia Street, Orange, was approved, in an amount not to Counters for Traffic exceed $25,000.00, for the City's Annual Traffic Volume 'Volume Survey Survey. ,Approved Refund Approval was given to refund the cash deposit of $6,000.00 -to Oakhill Develop- to Oakhill Development, Inc., 1048 Irvine Avenue, Suite 363, ment for EP -14320 Newport Beach, for street improvements at 340 East 16' Place, in conjunction with Encroachment Permit No. 14320. Allocation for Meals Item No. 7 on the Consent Calendar was presented: -for the Advisory Allocation of $1,200.00 for meals for the bimonthly meeting Committee of Teens of the Advisory Committee of Teens (ACT). Mayor Pro Tem (ACT) Monahan felt that the $8,800.00 spent on meals for Council, Planning Commission, and Parks, Recreation Facilities and Parkways Commission meetings is excessive. He opposed spending another $1,200.00 for a committee meeting. Council Member Cowan, liaison to ACT, stated that 6:00 p.m. was the most viable meeting hour, and supported having the meals for approximately 20 young people who attend the MOTION sessions which occur during the dinner hour. On motion by Approved Allocation Council Member Cowan, seconded by Council Member Continued Pending Somers, and carried 3-1, Mayor Pro Tem Monahan voting no, Presentation the allocation was approved. Business Permit for Item 11 on the Consent Calendar was presented: Notice of 'Peen Challenge of Intention to Appeal or Solicit for Charitable Purpose from Teen Southern California Challenge of Southern California, 5445 Chicago Avenue, RI verside, by soliciting funds both door-to-door and in front of stores from October 7, 1997, to October 7, 1998. Mayor Pro Tem Monahan hesitated to bestow a permit for solicitation for an entire year, and acknowledged that he was not familiar with the group and desired more information. Council Member Erickson mentioned his positive experiences with Teen Challenge. Council Member Somers agreed with Council Member Erickson, but encouraged Teen Challenge to give a MOTION presentation. A motion was made by Mayor Pro Tem Continued Pending Monahan, seconded by Council Member Somers, and carried Presentation 4 F 0, to continue this item until such time that Teen Challenge is prepared to give a presentation on their program. PUBLIC HEARING I The Deputy City Clerk announced that this was the time and ,Appeal from place set for the public hearing to consider an application from Mahgerefteh to Re- David Mahgerefteh, 2990 Country Club Drive, Costa Mesa, locate tree at 2990 appealing the Parks, Recreation Facilities and Parkways Country Club Drive Commission's denial of his request to relocate a tree in the public right-of-way, blocking access to his gate. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Park Superintendent summarized the Agenda Report dated September 24, 1997, and presented photographs of the site. n avid Mahgerefteh, the appellant, reported that there is a gate the wall of his property located directly behind the tree, and )ted that the gate was built with a City permit. He asked at the tree be relocated in order to provide access to this ite which would allow him to store his boat in his backyard. 1 203" The Park Superintendent responded to questions from Council by stating that the architect had developed a standardized planting scheme for the area, and it was noted at that time that residents who had been accessing side or backyards over the public right-of-way were doing so illegally. The Public Services Director clarified that the City's design standards, which were adopted by Council, state that there will be one driveway per single-family residence, the only exception being a house with very large frontage. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Cowan, seconded, by Denied Request Council Member Erickson, to deny the request for relocation of the tree. Council Member Cowan supported the motion stating that there is a planting guide for the parkway system, and noted that this is not the primary access to the property. She felt that removal of the tree did not grant Mr. Mahgerefteh the permission to enter the property from that location, and pointed out the possibility of damaging a public utilities connection, the City's irrigation, or the curb and gutter. Mayor Pro Tem Monahan opposed the motion because there would be no impact on street parking since the zone is designated as "no parking"; .and by planting a tree in front of an existing gate, access to the applicant's property had been denied. Council Member Somers supported the motion because of the possible problem with the storage situation and the access which would be inappropriate for the site. Substitute Motion A substitute motion was made by Mayor Pro Tem Monahan to to Approve the overturn the Parks, Recreation Facilities and Parkways Request Died Commission decision by approving the request, with the condition that a curb cut and driveway be installed after obtaining the proper permits. The motion died for lack of a second. The original motion carried 3-1, Mayor Pro Tem Monahan voting no. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Rezone Petition place set for the public hearing to consider Rezone Petition R- R -97-05, South 97-05, changing the zoning of 3333 Bristol Street (South Coast Plaza Coast Plaza) from C1 -S, Shopping Center District, to PDC, Planned Development Commercial. The Affidavit . of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated September 22, 1997, noting that the zoning was created in 1963 and is no longer appropriate. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Erickson, seconded by Council Ordinance 97-28 Member Somers, and carried 4-0, Ordinance 97-28, AN Given First Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF 3333 BRISTOL STREET FROM C1 -S TO PDC BY ADOPTION OF REZONE PETITION R-97-05, was given first reading and passed to second reading. 204 A#" PUBLIC HEARING The Deputy City Clerk announced that this was the time and Traffic Impact place set for the public hearing for reconsideration of the Program Traffic Impact Program. The Affidavit of Publication is on file in the City Clerk's office. Communications were received from Ed Fawcett, Executive Director of the Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, with which he submitted an alternative financing mechanism for transportation _ improvements; and Diane Pritchett, Executive Director of South Coast Metro Alliance, 611 Anton Boulevard, Suite 450, Costa Mesa, urging Council to review the current fee with the goal of arriving at a true traffic impact fee that is fair, equitable and demonstrates an adequate nexus. The Public Services Director reviewed the history of the current traffic impact fee. The Transportation Services Manager outlined the method- ologies developed in the Agenda Report dated September 26, 1997, illustrating how the fee could be _ calculated using square footage. He addressed the freeway access improvements and reconsideration of the widening of arterial highways. He responded to questions from Council. Mayor Pro Tem Monahan asked that staff investigate the following: In commissary and restaurant areas, since tax reenue is generated by sales, is the trip fee the only revenue generated in light industrial; and since OCTAM (Orange County Traffic Analysis Model) III will be effective soon and the City's study is based on OCTAM I, will the study's numbers be higher or lower based on OCTAM III. He was concerned with the legality of not including freeway improvements in the 1990 General Plan; and asked if Measure M justifies a trip fee for freeway projects. Mayor Pro Tem Monahan also expressed concern that if freeway improvements are included in the trip fee program, th'e entire program will be invalidated. He confirmed with staff that some alternatives would necessitate adjustments to the General Plan, and emphasized that his major concern is the legality of the trip fee. He noted his enthusiasm for pursuing the "single -fee" concept, and questioned expending fees on freeway improvements (as noted on Page 7 of the Agenda Report) or for the confluence. Regarding Level of Service for signalized intersections, he suggested reviewing the Level "E" option. He believed that the trip fees should be kept low and supported the "fair share" concept. In response to Mayor Pro Tem Monahan regarding the inclusion of freeway improvements in the 1990 General Plan, the City Attorney, citing Environmental Impact Report No. 1044 which substantiates the 1990 General Plan Alternative No. 2, stated that the $77 million was not specifically identified or justified, rather a reference is made to the 1986 1- 405 Access Study and the North Costa Mesa Arterial Study which was based on the 1981 General Plan. He indicated that the trip fee program currently is defensible, which was one of thi Mayor Pro Tern's concerns. 2®5. Council Member Somers suggested continuing this item to a workshop that would include members of the community, business, Council, and the Ad Hoc Transportation Study Group. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, wanted to know the difference between Level of Service "D" and "E". The Transportation Services Manager responded that the Agenda Report contained an explanation of the different levels. Mr. Humphrey supported persons paying a fair share, that is, the persons who cause the increased traffic should cover the cost, and thought the item should be postponed. Gene Hutchins, 1808 Kinglet Court, Costa Mesa, member of the Ad Hoc Transportation Study Group, indicated that when the traffic impact fee dropped from $200.00 per trip to $150.00, an unfunded liability was created, and suggested that the fee should be raised. He stated that there is a funding problem if the level of service is to be maintained, and felt that discussions should be held before a decision is made. Tony Petros, 2135 Iris Place, Costa Mesa, President of the Costa Mesa Chamber of Commerce, stated that the Chamber has suggested alternative solutions to fund circulation improvements which would not burden the local community. He proposed that the solution to the problem will come from the established businesses within the City. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if a Council Member had been appointed liaison to the ad hoc committee. Mayor Pro Tem Monahan did not think that had occurred. Mr. Pizarek asked for clarification on why the trip fees were lowered at the meeting of June 16, 1997, and which alternative in the Agenda Report would make up that difference. Mayor Pro Tem Monahan responded that he believed that the trip fee was originally excessive, and stated that the $150.00 rate was still high. Council Member Cowan stated that she was unclear as to why the fee was previously so high. Mr. Pizarek supported conducting an open forum on this topic. There being no other speakers, the Mayor closed the public hearing. Council Member Erickson felt that the $150.00 fee was inadequate, and supported conducting a workshop for the residents and businesses. MOTION A motion was made by Council Member Erickson, seconded Referred to Work- by Council Member Somers, and carried 4-0, to continue the Shop reconsideration of the Traffic Impact Fee Program, directing staff to conduct a public workshop within approximately 30 days, and to widely publicize the event for anyone in the community who would like to attend. Council Member Cowan supported the motion, stating that it is critical to have a workshop in order to resolve the philosophical issues regarding the policy decision on the portions of the circulation element which will be supported, and the level of that support. She asked for clarification on which elements within the circulation element may not be funded by traffic impact fees. Mayor Pro Tem Monahan supported the motion, and stated that he did not agree with t e argument that if the developers are not charged the higher fee now, then the taxpayers will pay later. RECESS The Mayor Pro Tem declared a recess at 9:20 p.m., and reconvened the meeting at 9:35 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of August Use and Permits for 4� 1997, an ordinance relating to the use and permits for the Sale of Fireworks sale of fireworks. The City Attorney reviewed his Agenda Report dated September 30, 1997. MOTION On motion by Mayor Pro Tem Monahan, seconded by Council Removed from Member Somers, and carried 4-0, the ordinance was removed Calendar from the calendar. OLD BUSINESS The Deputy City Clerk presented from the meeting of August Residential Building 41 1997, Residential Building Records and Inspection Program Records and Inspec- Cost Recovery Fee Study. The Deputy City Manager tion Fee Study summarized the Agenda Report dated September 25, 1997. MOTION On motion by Council Member Cowan, seconded by Council Accepted Study Member Somers, and carried 4-0, the study was accepted, and staff was directed to return with the necessary resolution to establish the recommended fee schedule. NEW BUSINESS The Deputy City Clerk presented an ordinance regulating Handbill Regulations handbills deposited on vehicles and residences. The City Attorney summarized his Report No. 97-53 dated September 12, 1997. Dave Salcido, 954 West 17th Street, Costa Mesa, President of the Wallace Avenue Improvement Group (WHIG), stated that handbills are a litter problem, and posting another sign will be detrimental to the appearance of the neighborhood. He proposed posting a neighborhood sign which indicates that handbills -are not allowed. The City Attorney replied that the posting of signs is not required for the purpose of enforcing the ordinance. Dorothy Adams, 220 Amherst Road, Costa Mesa, opposed handbills. Council Member Erickson asked if the ordinance would cover political handbills. The City Attorney stated that he felt this was the case. Council Member Erickson asked the City Clerk's office to include a notice of this provision of the code in the Council candidate packets prior to an election. MOTION Oen motion by Council Member Cowan, seconded by Council Ordinance 97-29 Member Somers, and _carried 4-0, Ordinance 97-29 was given Given First Reading fist reading: .AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 9� 136 AND 9-137 OF THE COSTA MESA MUNICIPAL CODE REGULATING HANDBILLS DEPOSITED ON VEHICLES AND RESIDENCES. ilk 207 NEW BUSINESS The Deputy City Clerk presented the implementation of the Building Department "Building Organization and Operations Study". The Deputy Study City Manager reviewed the Agenda Report dated September 30, 1997. Council Member Somers announced that she would be reluctant to proceed with implementation of the plan prior to the hiring of a Building Official. The Deputy City Manager replied that some of the items could be delayed until the position is filled. Council Member Somers proposed preparing a secondary list of No. 1 priority items which could be delayed until a Building Official is hired. Referring to Building Division staff meetings, she suggested that the City Manager or Council Members be invited to participate. She asked that staff prepare a list which indicates items which can be accomplished at this time and items which will be delayed until the Building his is hired. The Deputy City Manager indicated that he could provide the list in two weeks. Council Member Cowan believed that it was staff's responsibility to implement the study and Council should not supervise the priority lists. She stated that Council sets the policy and staff implements same, and expressed concern that Council would attempt to "micromanage" the staff. Dan Van Dorpe, President of Van Dorpe Chou Associates, Inc., 295 North Rampart Street, Suite A, Orange, structural engineers, stated that he has reviewed the Zucker Systems report and found it to be excellent. He felt that it will benefit the City and agreed with the recommendations, especially the one which deals with outside plan checking. He gave a letter to the City Manager supporting the study. MOTION/Approved A motion was made by Council Member Cowan, seconded by Implementation of Council Member Erickson, and carried 4-0, to approve Alternative No. 1 implementing the Alternative No. 1 study recommendations as submitted. NEW BUSINESS The Deputy City Clerk presented a request to award a contract Costa Mesa Farm to Environmental Control Systems, Inc., 29160 Goetz Road, Site Contract Award Quail Valley, for $91,364.00, for Asbestos and Lead -Base Paint Removal, Demolition of Buildings and Structures, and Clearing of the Costa Mesa Farm Site, 2650 Fairview Road. The Parks Superintendent summarized the Agenda Report dated September 19, 1997. Robert Graham, 3260 Dakota Avenue, Costa Mesa, provided Council with a plan for a Youth Sports Administration Center, and asked that action on the Farm Site be delayed pending receipt and approval of a final plan. He reported that there are two significant structures which are scheduled to be demolished should the contract be approved: a rest room facility, and a building which is over 9,000 square feet. He pointed out that parking areas are not shown on the City's plans. Council Member Erickson noted that there is a Joint Use Agreement with the Newport -Mesa Unified School District for parking. He responded to Mr. Graham by stating that the aforementioned building is in the wrong location and the rest rooms are not in accordance with the Building Code. r 20�i MOTION Awarded Contract NEW BUSINESS Fire Station No. 1 Rain Damage Motion to Authorize City Manager to Oversee the Project Withdrawn NEW BUSINESS Piecemakers Special Event Permit I Joaquin Sahagun, 2956 Bimini Place, Costa Mesa, owner of South Coast Martial Arts/Boxing, 3165 Harbor Boulevard, Suite E, Costa Mesa, proposed constructing a multipurpose facility at the site which would be useful to the entire community. He expressed an interest in occupyingone of the rooms if the facility is erected. i A motion was made by Mayor Pro Tem Monahan, seconded by Council Member Erickson, and carried 3-1, Council Member Somers voting no, to approve the contract award. Council Member Cowan supported the motion although she felt that Mr. Graham raised some important points. She I that most of those issues will be addressed in the master plan, and the soccer fields will not be the only activity on the farm site. She did not believe that the existing building is usable, and stated that the cost to remodel the building would far exceed the cost of demolition. Council Member Erickson reported that there will be fields at the Farm Site which are available for "run and play", and supported replacing the Downtown Community Center gymnasium. Council Member Somers opposed the motion because she felt that a full assessment of the situation had not been made. She preferred having an overview prior to making a decision on demolishing the building. Tihe Deputy City Clerk presented a request from Council Member Somers for a status report and urgency action, as needed, on rain damage to Fire Station No. 1, 2803 Royal lalm Drive. Council Member Somers presented her report which indicated that the fire station is uninhabitable because of rain damage, and the firemen have temporarily relocated to Fire Station No. 5, 2450 Vanguard Way. T!he City Manager reported that the core portion of the facility will be ready for occupancy by October 18, 1997, and the entire facility, including the Fire Prevention area, will be completed by October 25, 1997. He indicated that there will be no cost to the City for these repairs. A motion was made by Council Member Erickson, seconded by Council Member Cowan, to leave it to the best judgment and discretion of the City Manager's office, through his r anagement of Fire Administration, to determine when the apparatus room is usable and, if it is necessary, to house the firefighters there. Council Member Erickson emphasized that the City Manager is a professional city administrator and should have the final say as to when the building is ready for the apparatus, and to determine if temporary housing is necessary. The City Attorney determined that a motion was not required because overseeing the project is already a duty off the City Manager. Council Member Erickson then withdrew his motion. The Deputy City Clerk presented a request from Council Member Somers for City Council review and policy direction o'n actions by City staff regarding the failure of Piecemakers, Inc., 1720 Adams Avenue, Costa Mesa, to obtain a Special E� ent Permit. Council Member Somers stated that policy dictates that an organization is only entitled to host an event if 209 a permit has been obtained. She felt that staff had decided not to implement the policy in this situation, which was not within their authority, noting that this decision can only be made by Council. She asked Council to address the intent of policies and ordinances and the manner in which they should be enforced. She requested that this item be placed on the November, Study Session agenda, and wanted staff be present to provide input as to the best way of upholding and enacting Council policies. Mayor Pro Tem Monahan suggested that Council Member Somers be more specific as to what types of policies were in question. She responded that she would like to know if the ordinances are to be upheld to the letter of the. law or to the intent of the law. Council Member Erickson stated that Piecemakers has broken the law, and a closed session is scheduled for this meeting to discuss the situation. He asked for clarification as to what has been done that was wrong. Council Member Somers replied that she felt it was inappropriate, with the letter already having been sent to Piecemakers indicating that the event required a permit, that staff held a meeting and decided not to support the letter and its sender, deciding instead to deal with the situation after the fact. She .feared that this would set a precedent. In essence, she did- not think it appropriate for staff to take the action upon themselves to make the decision without Council's guidance. Council Member Erickson opposed the City Council being involved in every issue within the City, and pointed out that this is why a competent City Manager and City Attorney have been engaged as professional managers. Mayor Pro Tem Monahan believed that Council's policy has been for compliance with a "common sense" alternative, and that staff handled the situation appropriately. Council Member Cowan agreed that it is staff's duty to carry out the policies directed by Council and commended them on the job done in this instance. Council Member Somers stated that if staff is granted the capability to make decisions on whether or not they will follow through with Council's policies, then staff might as well run the government. Council Member Erickson responded that he felt that staff did follow through in keeping the peace, enforcing the laws, and doing what they are paid to do. The City Manager declared that it was his decision to take the action on this particular matter. He asked for clarification on how each Council Member would chose to enforce local laws. Council Members Monahan and Erickson expressed their confidence in the City Manager. MOTION A motion was made by Council Member Erickson, seconded Referred to Study by Council Member Somers, and carried 4-0, to refer this item, Session specifically the overall direction of Council policy and implementation, to the study session of November 10, 1997. 210 INEW BUSINESS The Deputy City Clerk presented a request from Council South Coast Toyota Member Somers for review of the City Manager's actions on Special Event Permit t i e Special Event Permit for South Coast Toyota, and IPA -96-46 compliance with Planning Action PA -96-46. Council Member Somers reported that the Special Event Permit "overstepped" the actual conditional use permit by allowing the use of an outside public address system. She questioned the City Manager's ability to conduct a hearing regarding the special permits, and suggested that they should be considered by the Planning Commission or City Council. She explained that she had a problem with the specific code which allows for a special hearing to be held with the City Manager only in that tliere is no public input. Mayor Pro Tem Monahan pointed out that the above entails more than a review of the conditional use permit, and wondered if it is the City Manager's authority or special events permitting that is in question. He asked which of the City Manager's actions did Council Member Somers wish to review at this point. She responded that South Coast Toyota had a hearing with the City Manager, and he revoked a portion of their Special Event Permit. She asked that the City Attorney draft an amendment to the code regarding special hearings. The City Manager reported that this incident is the first since 1995 that he has had the occasion to hold a hearing, and that ti e action was a suspension of objectionable provisions in the approved permit. He added that the City Council is the only body authorized to revoke a permit. )rothy Adams, 220 Amherst Road, Costa Mesa, stated that e Planning Commission eliminated the public . address stem, and then she heard that permission had not been yoked. She asked who was running the City. ie City Attorney confirmed that the City Manager has the ithority to hold an administrative hearing, and the City anager's decision is legal. He proposed that a code amend- ent could be made stating that a Special Event Permit is null id void if it is inconsistent with the conditional use permit. Mayor Pro Tem Monahan cited Sections 2-97, 2-113, and 2- 1 X14, of the Costa Mesa Municipal Code which gives the City Manager the authority and the direction to handle various items unless Council adopts contrary policies. Council Member Somers commented that the City Manager handled this matter in accordance with the Costa Mesa Municipal Code; however, she thought that he may not want that kind of responsibility. i Mayor Pro Tem Monahan did not condone the manner in which this item was being handled, stating that the agenda notes that the City Manager's actions were to be reviewed, and they were not. He pointed out that the City Manager appears to have done exactly what he should have done. 1 211 CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Section 54956.9(c) regarding Piecemakers, Closed Session: Inc. Mayor Pro Tem Monahan announced that closed session Piecemakers would be held at the conclusion of regular business. CITY MANAGER'S The City Manager presented the Memorandum of - REPORT Understanding, and a resolution revising the pay ranges for job Firefighters MOU classifications represented by the Costa Mesa Firefighters Association. The Personnel Services Director reviewed the Agenda report dated September 16, 1997. MOTION/Approved On motion by Council Member Somers, seconded by Mayor MOU; Adopted Pro Tem Monahan, and carried 4-0, the MOU was approved; Resolution 97-86 and Resolution 97-86 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS REPRESENTED BY THE COSTA MESA FIRE ASSOCIATION TO REFLECT THE ESTABLISHED LABOR MARKETPLACE PURSUANT TO THE 1997-2000 MOU. COUNCIL Council Member Somers congratulated Police Department COMMENTS Lieutenants Tom Warnack and James Watson on their Police Promotions promotion to Captains. Neighbors -for- Council Member Erickson announced that the Neighbors -for - Neighbors Cleanup; Neighbors Cleanup held on Saturday, October 4, 1997, Roy Alvarado Soft- involved doing small, trailer park upgrades, and encouraged ball Game future projects to be similar. He thanked Council and staff who participated in the Roy Alvarado softball game. ADJOURNMENT TO At 11:30 p.m., Mayor Pro Tem Monahan adjourned the CLOSED SESSION meeting to a closed session in first floor Conference Room A to discuss the item previously announced by the City Attorney. MEETING Mayor Pro Tem Monahan reconvened the meeting at 11:45 RECONVENED p.m., and the action taken during closed session was announced. Piecemakers, Inc. Regarding Piecemakers, Inc., no action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 11:50 p.m. ATTEST: Deputy City Clerk of the City of Costa Mesa